Another Hefer-style public hearing is near-inevitable as Public Protector Lawrence Mushwana pushes ahead with his investigation into Deputy President Jacob Zuma's allegation that Scorpions boss Bulelani Ngcuka abused his powers.
Just days after retired Judge Joos Hefer dismissed charges by Zuma's camp that Ngcuka had been a spy for the apartheid government, the Scorpions boss is facing an investigation that is likely to echo the dramatic scenes played out at Bloemfontein's Justice Building during the spy probe. Judge Hefer found that there was no substance to the spy allegation made against Ngcuka by two of Zuma's most trusted comrades, Mac Maharaj and Mo Shaik. The judge did not investigate their allegation that Ngcuka had abused his powers because this was not included in the terms of reference President Thabo Mbeki set for the commission.
Now, on the eve of the country's third democratic general elections, the ANC will be bracing itself for another bruising showdown between Zuma, the party's deputy president, and Ngcuka, one of the party's more senior heavyweights. In an interview with the Cape Times, Mushwana said he would meet Ngcuka this week to discuss Zuma's complaint that the Scorpions boss abused his office at the helm of the elite crime-busting unit as it investigated possible allegations of corruption against him. Now that Judge Hefer had made his findings public, Mushwana was pursuing the case and had studied documents relating to Zuma's complaint to the Public Protector. Although he was not keen on public hearings, which he described as the "agonising feature of the Hefer commission", Mushwana conceded that it would be difficult to hold oral hearings in private. Asked about the likelihood of a public hearing, he said: "We'll have to see. For a start, it's likely to be public. It will take a lot of effort to convince anyone that you can deal with a person of the stature of the deputy president behind closed doors. I don't wish it to go that way, but if it comes to that, then we definitely will have to do that."
Mushwana said his decision about holding oral hearings would depend on Ngcuka's written response to the allegation, but the chances of his investigation being based purely on affidavits were slim, given that he would "not be able to interrogate issues". According to Mushwana, Zuma's complaint was based largely on a statement Ngcuka made at a press conference on August 23 last year. Ngcuka said there was a prima facie case of corruption against Zuma, but that he would not prosecute as the case would not be "winnable" in court. "The deputy president is seriously challenging the use of that phrase. He is saying 'if there is such a case, then prosecute me, otherwise you must be prepared to withdraw the statement'," Mushwana said. Another of Zuma's reasons for his complaint was the alleged leaks by the Scorpions to the media about details of their investigation into his affairs. Third, Zuma was "seriously challenging the basis of the investigations" into his affairs. According to the Scorpions, Zuma was linked to an alleged attempt to solicit a payment of R500 000 a year from French company Thomson-CSF, which won a contract in the arms deal, in exchange for "protection" during the investigation into the deal.
Mushwana said Zuma was arguing that the probe into the arms deal by Mushwana's predecessor, Selby Baqwa, Ngcuka and Auditor-General Shauket Fakie had given no indication that the deputy president should be investigated. "(Zuma) said the conclusion of that investigation was that certain institutions were listed as warranting further investigation. He says he is not one of those institutions listed for further investigation and so now he doesn't... understand what it is that the Scorpions are investigating."
Mushwana said his office would sending Ngcuka a notice of the investigation and "his response will determine whether we should go down that (oral) painful road". On when he was likely to begin the investigation, Mushwana said: "If we decide to go the route of oral hearings, these people will have to have their legal representatives - one can't say exactly when, but from my side I'm almost ready to go."
Ngcuka's spokesperson, Makhosini Nkosi, said the National Prosecuting Authority was "prepared to co-operate with any investigation into (its) running by any agency of government". "We remain steadfast in our belief and assertion that there was never any abuse of office," said Nkosi. "We have nothing to fear and we want this matter to be dealt with speedily so we don't have further disturbances, as was the case when we were defending the spying allegations." Asked to comment on Zuma's complaint about Ngcuka's statement, Nkosi said: "The national director will state his case to the Public Protector - it's not for me to state his case in the press."
Lakela Kaunda, speaking for Zuma, said: "The deputy president submitted his complaint and awaits feedback from the Public Protector and has no comment on the processes or any aspect of the investigation."
# Maharaj and mining magnate Brett Kebble have also filed "abuse of office" complaints with Mushwana.
Source: IoL
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